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Established Member
Posts: 15
Registered: ‎02-26-2011
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Which DOFD is correct?

I'm having an issue with a CA where the DOFD is in question.  The details...

 

I was enrolled in a credit service (CCCS) in 2002 and making payments to several creditors.  The cc account in question was no longer a usable account at this point.  There were some missed payments during the little over three years enrolled.  After the missed payments the missed amounts were not made up for.  After paying about 75% of the original balance by late 2005 the actual balance was only reduced by about 20%.  All other debts in the plan were nearing zero balances then finally done!  I stopped paying at this point.  In August of 2006 the debt was sent to collection. 

 

The OC had a DOFD of somewhere in 2002 on my reports.  The CA was then on the reports as well as the OC, for the same debt.  In late 2009 the OC fell off my reports.  The CA remains and lists a DOFD of 8/2006.  I thought that only the original DOFD was valid in this case even though the debt was later sent to collection.

 

Either way the SOL was up at 4 years.

 

Valued Contributor
Posts: 2,660
Registered: ‎04-25-2011
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Re: Which DOFD is correct?


prm300 wrote:

I'm having an issue with a CA where the DOFD is in question.  The details...

 

I was enrolled in a credit service (CCCS) in 2002 and making payments to several creditors.  The cc account in question was no longer a usable account at this point.  There were some missed payments during the little over three years enrolled.  After the missed payments the missed amounts were not made up for.  After paying about 75% of the original balance by late 2005 the actual balance was only reduced by about 20%.  All other debts in the plan were nearing zero balances then finally done!  I stopped paying at this point.  In August of 2006 the debt was sent to collection. 

 

The OC had a DOFD of somewhere in 2002 on my reports.  The CA was then on the reports as well as the OC, for the same debt.  In late 2009 the OC fell off my reports.  The CA remains and lists a DOFD of 8/2006.  I thought that only the original DOFD was valid in this case even though the debt was later sent to collection.

 

Either way the SOL was up at 4 years.

 


I believe by entering into to a credit service, you essentially entered into a different contract/agreement that the OC would have signed off on, and therefor, when you stopped paying the credit service in 2006, that is the new DOFD for the remaining debt...

 

 

-scott

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 09/14: TU: 784 | EQ: 752 | EX: 784
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
Other Negative Entries Removed:Plains Commerce CO, HSBC CO, 2008 Judgment Santander Reposession


Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $13900, Citi/Home Depot $8500, Capital One Cash Rewards $3500, BOA $7500 Total Utilization: 3%. AAoA: 2yr, 9mth. INQS: 1 TU, 1 EQ, 3 EX
Established Member
Posts: 15
Registered: ‎02-26-2011
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Re: Which DOFD is correct?

Thanks Scott!  That makes sense.  Wouldn't that have applied to both the OC and CA or am I fortunate that the OC did not update the report entry and dropped off?

Valued Contributor
Posts: 2,660
Registered: ‎04-25-2011
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Re: Which DOFD is correct?


prm300 wrote:

Thanks Scott!  That makes sense.  Wouldn't that have applied to both the OC and CA or am I fortunate that the OC did not update the report entry and dropped off?


I am not entirely sure -- but my best guess would be that your revolving with them offically ended when you entered into the arrangement; so it would fall off in the normal time frame.. that would be my best guess...  maybe someone who has more experience will chime in!

 

-scott

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 09/14: TU: 784 | EQ: 752 | EX: 784
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
Other Negative Entries Removed:Plains Commerce CO, HSBC CO, 2008 Judgment Santander Reposession


Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $13900, Citi/Home Depot $8500, Capital One Cash Rewards $3500, BOA $7500 Total Utilization: 3%. AAoA: 2yr, 9mth. INQS: 1 TU, 1 EQ, 3 EX
Established Member
Posts: 15
Registered: ‎02-26-2011
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Re: Which DOFD is correct?

Scott, Thank you once again. 

 

Can I get some additional feedback from anyone please.  Some missed payments were from while enrolled in the CCCS plan.  Since the missed amounts were not made up for I thought the DOFD would be from there.  If the DOFD is, as reported, from when the debt was charged off officially due to a different type of agreement I would understand it.  I just want to make sure the reporting is correct.  I do have records of payments made through CCCS that show some were missed but the OC (Citi) is long gone from my reports and can/will not verify anything. In fact I occasionally get cc offers from them. 

Established Member
Posts: 15
Registered: ‎02-26-2011
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Re: Which DOFD is correct?

bump

Mega Contributor
Posts: 19,842
Registered: ‎03-19-2007
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Re: Which DOFD is correct?

The FCRA defines DOFD is the "date of commencement of the delinquency."  The date it began.  FCRA 623(a)(5) and 605(c).

 

Whatever partial payment machinations occured, you still have a date when you first became delinquent, and thereafter remained delinquent.  Making payments that did not bring the account back into good standing would not alter the commencement of the delinquency.

 

One can argue the point, but the trump card is the specific provision of FCRA 623(a)(5)(B)(i), which specifies that if the OC reported a DOFD, then the debt collector must report that same date.  You state that the OC reported a 2002 date.  Only they know the DOFD, and the FCRA relies upon that fact by specifying that OC reporting trumps.

 

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